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Kanimozhi moves SC for quashing 2G charges
By: Tupaki Desk | 24 July 2013 4:53 PM GMTThe DMK's Rajya Sabha member Kanimozhi, an accused in the 2G spectrum case, Wednesday moved the Supreme Court seeking that the charges framed against her by the trial court be quashed.
The MP, who is DMK chief Karunanidhi's daughter, has been charged with penal provisions for conspiracy, cheating, criminal breach of trust, forgery for purpose of cheating, using as genuine a forged document, tendering of false evidence and viollations of other provisions of the Prevention of Corruption Act.
The Central Bureau of Investigation (CBI) said Kanimozhi was the direct beneficiary of Rs.200 crore that company DB Reality had transferred to Kalaignar TV through a circuitous route of two firms - Kusegaon Fruits and Vegetables and Cineyug Limited - between December 2008 and August 2009.
Seeking that the charges framed by the 2G special court Oct 22, 2011 and the CBI charge sheet be quashed, Kanimozhi said she was one of the directors of the Kalaignar TV for a short period of two weeks June 6-20, 2007, and had nothing to do with the channel's financial transaction.
Kanamozhi in her petition said that soon after her resignation as director of Kalaignar TV, the registrar of companies was intimated about it.
The continuance of the trial against her without any material basis would amount to an abuse of the process of the court, she said.
Being a 20 percent shareholder in Kalaignar TV, Kanimozhi said she could not be saddled with the criminal liability of the acts or omissions of the company.
She said the allegations against her pertained to financial transactions between December 2008 and August 2009 - that is 18 months after she resigned from Kalaignar TV.
Kanimozhi said she had not signed any cheque on behalf of Kalaignar TV or received any monetary benefits after quitting as director.
She said it was incorrect that on Feb 13, 2009, when the board of directors of Kalaignar TV authorised Sharad Kumar to raise funds from Cineyug Limited, she too attended the meeting.
"It was this mistake of facts that led the special court to frame charges against me," Kanimozhi said, adding that "the board of directors consisted only of Sharad Kumar and Dayalu Karunanidhi".
Contending that the prosecution misrepresented facts in the trial court, Kanimozhi said her last meeting at Kalaignar TV was June 20, 2007.
"The evidence on record either in the form of statements or documents, even if they are admitted to be true, do not disclose any offence as alleged to have been committed", the petition said.
The probe agency said Kanimozhi was an active brain behind the operation of Kalaignar TV and in constant touch with co-accused, party colleague and former telecommunication minister A. Raja for the launching of the channel.
The CBI said the Rs.200 crore transferred by DB Reality to Kalaignar TV was illegal gratification given by M/s Swan Telecom for the award of Unified Access Service Licence (UASL) in January 2008 given by the telecommunication ministry under A. Raja.
The MP, who is DMK chief Karunanidhi's daughter, has been charged with penal provisions for conspiracy, cheating, criminal breach of trust, forgery for purpose of cheating, using as genuine a forged document, tendering of false evidence and viollations of other provisions of the Prevention of Corruption Act.
The Central Bureau of Investigation (CBI) said Kanimozhi was the direct beneficiary of Rs.200 crore that company DB Reality had transferred to Kalaignar TV through a circuitous route of two firms - Kusegaon Fruits and Vegetables and Cineyug Limited - between December 2008 and August 2009.
Seeking that the charges framed by the 2G special court Oct 22, 2011 and the CBI charge sheet be quashed, Kanimozhi said she was one of the directors of the Kalaignar TV for a short period of two weeks June 6-20, 2007, and had nothing to do with the channel's financial transaction.
Kanamozhi in her petition said that soon after her resignation as director of Kalaignar TV, the registrar of companies was intimated about it.
The continuance of the trial against her without any material basis would amount to an abuse of the process of the court, she said.
Being a 20 percent shareholder in Kalaignar TV, Kanimozhi said she could not be saddled with the criminal liability of the acts or omissions of the company.
She said the allegations against her pertained to financial transactions between December 2008 and August 2009 - that is 18 months after she resigned from Kalaignar TV.
Kanimozhi said she had not signed any cheque on behalf of Kalaignar TV or received any monetary benefits after quitting as director.
She said it was incorrect that on Feb 13, 2009, when the board of directors of Kalaignar TV authorised Sharad Kumar to raise funds from Cineyug Limited, she too attended the meeting.
"It was this mistake of facts that led the special court to frame charges against me," Kanimozhi said, adding that "the board of directors consisted only of Sharad Kumar and Dayalu Karunanidhi".
Contending that the prosecution misrepresented facts in the trial court, Kanimozhi said her last meeting at Kalaignar TV was June 20, 2007.
"The evidence on record either in the form of statements or documents, even if they are admitted to be true, do not disclose any offence as alleged to have been committed", the petition said.
The probe agency said Kanimozhi was an active brain behind the operation of Kalaignar TV and in constant touch with co-accused, party colleague and former telecommunication minister A. Raja for the launching of the channel.
The CBI said the Rs.200 crore transferred by DB Reality to Kalaignar TV was illegal gratification given by M/s Swan Telecom for the award of Unified Access Service Licence (UASL) in January 2008 given by the telecommunication ministry under A. Raja.
